The Bureau of Mediation oversees implementation of the collective
bargaining impasse resolution procedures established by Section
4117.14 of the Ohio Revised Code. These procedures provide for
strict timelines and for the appointment of mediators, fact
finders, or conciliators (interest arbitrators) based upon the
circumstances of each case. The bureau reviews notices to negotiate
to determine whether to apply the statutory impasse resolution
process or an alternate process designed by the parties. If
the statutory process applies, the bureau establishes timelines
for negotiations. If an alternate impasse resolution process
is to apply, the bureau monitors these negotiations and assists
the parties when requested. The bureau reviews strike notices
and the progress of negotiations, and intervenes when necessary
to prevent or end a strike. The bureau develops and coordinates
labor-management cooperation training and facilitation for interest
based bargaining and labor-management committee effectiveness.

Mediation services are provided by trained
professionals at no charge to the parties. It is
a service provided to encourage mutual resolution
of labor relations problems in lieu of
the costs associated with litigation or collective
bargaining strikes.

A mediator assists the parties in finding
their own answers for the problems before
them by encouraging constructive communications,
keeping the parties focused on settlement
alternatives, offering information and
suggestions as needed, and building the foundation
for improved relations between the
parties.

SERB mediation services are available to
public employers, public employees, and employee
organizations within the jurisdiction
of the State Employment Relations Board as
set forth in Ohio Revised Code Chapter 4117.

Whether the parties are negotiating their
first contract or their tenth, there are times
when the assistance of a mediator makes the
difference in reaching an amicable settlement. SERB mediators have promoted collective
bargaining relationships in every county in
Ohio. Day and night, weekdays, holidays, or
weekends, they provide mediation services to
public sector employers and unions in Ohio.

Even at impasse, parties are sometimes
reluctant to ask for the help of a neutral. State
law calls for the automatic assignment of a
mediator 45 days before a collective bargaining
agreement or reopener expires, or 45 days
before expiration of the 90-day negotiating
period for first-time negotiations. The parties
can request an earlier assignment of a mediator
by mutual agreement.

SERB’s Bureau of Mediation assigns
a
state or a federal mediator to assist the parties
in reaching an agreement. Parties can use
mediators at any time: before or after
fact-finding, before a strike, or before binding
conciliation.

Opting out of the statutory dispute settlement
procedure (Ohio Revised Code Section
4117.14) does not preclude SERB’s assistance
in mediation. Even when parties adopt mutually
agreed-upon dispute settlement procedures,
SERB mediators can be assigned. Just
specify in your contract or in your ground rules
that SERB is one of the agencies that the
parties may contact for mediation assistance.

If there are pending grievances or unfair
labor practice charges at the time of your
negotiations, we are happy to assist in resolving
all issues in dispute in addition to the issues
in negotiations. Just say "mediation" and we’ll
help.

Interest-Based
and Modified-Traditional Bargaining

For parties who want to commit the time
and energy, our mediators will offer training in
interest-based bargaining (IBB) or modified traditional
bargaining (MTB) and facilitate
the actual negotiations with the parties as
needed. Parties solve contract issues by addressing
each other’s interests or concerns
about the issue.

This program is geared toward employers
and unions who value their relationship and do
not want traditional bargaining to jeopardize
that relationship.

IBB builds on the relationship established
in labor-management committees and uses
many of the same techniques — brainstorming,
consensus building, and listening.

MTB is very similar to IBB but may include
more traditional features such as caucuses
and chief spokespersons.

In IBB and MTB, union and management
interests are explored jointly. Trading items to
reach agreement is discouraged. The focus is
to find a mutually acceptable resolution within
each issue on its own.

There is no down time. Consensus decisions
limit the need for caucuses. Either everyone
at the table agrees to the solution, or the
issue remains unresolved. There is no
vote-taking.

SERB’s IBB and MTB services include:

Introductions – a brief overview presentation
for parties considering a more open
process for collective bargaining either
through IBB or MTB.

Training – a two-day workshop on IBB
or
MTB techniques for parties intending to use
consensus-based agreement or a similar arrangement
as the basis for their negotiations.

Although most labor contracts provide
for a labor management committee (LMC) to
meet periodically to discuss mutual concerns,
too often these committees merely exist on
paper and never meet. Grievances and unfair
labor practice charges become the communication
channels in the absence of regular LMC
meetings.

Our mediators will meet with local union
and management leaders who are interested in
establishing an LMC.

The goal of these meetings is to identify
and assess the relationship between the parties
in order to customize a training program that
provides the best value to the parties.

In addition to providing
training, a SERB
facilitator will attend actual LMC meetings
until the parties are comfortable enough to
proceed on their own.

Training - one or two-day workshops on
group problem-solving techniques including
effective listening, problem identification,
brainstorming, consensus building, and
group dynamics.

In situations where the parties’ relationship is impaired
by numerous or contentious grievances, SERB offers a grievance
mediation service.

Unfair
Labor Practice Mediation

Unfair labor practice charges can consume the
energy of an organization and its employees.
Management and labor can become focused
on preparing for investigations or hearings
rather than on resolving the problem.

Upon request of the parties
or by direction
of SERB, a mediator may be assigned at any
stage of the ULP process to assist the parties in
seeking a mutual settlement of the unfair labor
practice charge. Mediation efforts are separate
from the adjudication process and do not delay
an investigation or hearing.

Representation
Mediation

Whether there is a question on bargaining
unit appropriateness or employee eligibility,
representation issues are usually resolved by
parties through mediation efforts at the investigation
and hearing levels.

SERB staff is available at any time to assist
in settlement of representation issues that arise
from unit clarifications, amendments of certification,
voluntary recognition requests, decertification
petitions, or representation petitions.

Download
Mediation Brochure

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